Commission Decision (EU) 2025/1235 of 24 March 2025 on the measure State aid SA.5... (32025D1235)
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Commission Decision (EU) 2025/1235 of 24 March 2025 on the measure State aid SA.54155 (2021/NN) implemented by Spain – Arbitration award to Antin (notified under document C(2025) 1781)
- COMMISSION DECISION (EU) 2025/1235
- of 24 March 2025
- on the measure State aid SA.54155 (2021/NN) implemented by Spain – Arbitration award to Antin
- (notified under document C(2025) 1781)
- (Only the English text is authentic)
- (Text with EEA relevance)
- 1.
- PROCEDURE
- 2.
- BACKGROUND IN CONNECTION WITH INTRA-EU ARBITRATION
- (8)
- 3.
- BACKGROUND ON SPANISH RENEWABLE SUPPORT MEASURES
- 3.1.
- The 2007 Scheme
- 3.2.
- The 2013 Scheme
- 3.3.
- The 2017 Commission Decision
- 4.
- ANTIN’S INVESTMENT
- 4.1.
- The Andasol plants
- 4.2.
- Antin’s investment in the Andasol plants
- 5.
- DESCRIPTION OF THE MEASURE
- 5.1.
- Initiation of arbitration proceedings
- 5.2.
- The Tribunal’s findings in the arbitration proceedings
- 5.3.
- Beneficiary of the measure
- 5.4.
- Legal basis of the measure
- 5.5.
- Objective of the measure
- 5.6.
- Form of support, budget and financing of the measure
- 5.7.
- Cumulation
- 5.8.
- Antin’s attempts to enforce the Award and Spain’s opposition
- 6.
- GROUNDS FOR INITIATING THE PROCEDURE
- 7.
- COMMENTS FROM THIRD PARTIES OTHER THAN ANTIN
- 7.1.
- Comments on the existence of aid
- 7.1.1.
- Comments claiming that the Award does not constitute State aid
- 7.1.2.
- Comments concerning the standstill obligation
- 7.1.3.
- Comments claiming that, even if the Old Schemes entail State aid, they constitute existing aid
- 7.1.4.
- Comments claiming that the aid was granted when Antin received the grant under the Old Schemes and not when the Award was issued
- 7.1.5.
- Comments claiming that the Award is not imputable to Spain
- 7.1.6.
- Comments claiming that the Award is imputable to Spain
- 7.1.7.
- Comments claiming that the Award is not liable to distort competition
- 7.1.8.
- Comments claiming that the payment of the Award constitutes State aid
- 7.2.
- Comments on the compatibility of the aid
- 7.2.1.
- Comments claiming that the aid should be declared incompatible because it is not in line with the EU Treaties
- 7.2.2.
- Comments claiming that even if the Komstroy judgment applies to the ECT, it does not mean that the Award constitutes incompatible State aid subject to recovery
- 7.2.3.
- Comments claiming that the Award does not entail discrimination on the basis of nationality
- 7.2.4.
- Comment claiming that arbitral awards do not necessarily undermine the primacy of Union law
- 7.2.5.
- Comments claiming that the measure has incentive effect
- 7.2.6.
- Comments claiming that the aid is compatible under EAG 2001, EAG 2008 and EEAG
- 7.2.7.
- Comments claiming that the Award and the 2013 Scheme are compatible with EAG 2001, EAG 2008 and EEAG
- 7.2.8.
- Comments claiming that the Award can be assessed under Article 107(3), point (c), TFEU
- 7.2.9.
- Comments claiming that the aid is incompatible with the EEAG
- 7.2.10.
- Other comments raised by third parties
- 8.
- COMMENTS FROM ANTIN
- 8.1.
- Comments on the existence of the aid
- 8.1.1.
- Comments claiming that the Award does not entail State aid
- 8.1.2.
- Comments claiming that the Award is not imputable to Spain
- 8.1.3.
- Comments claiming that the Award is not liable to distort competition
- 8.1.4.
- Comments claiming that even if the Old Schemes entailed State aid, it constitutes existing aid
- 8.1.5.
- Comments claiming that if the Award entails aid, that aid is lawful
- 8.1.6.
- Comments claiming that the aid was granted when Antin received the grant under the Old Schemes
- 8.2.
- Comments on the compatibility of the aid
- 8.2.1.
- Comments claiming that the Award does not constitute incompatible State aid
- 8.2.2.
- Comments claiming that the Award does not entail discrimination on the basis of nationality
- 8.2.3.
- Comments claiming that the Old Schemes are compatible under EAG 2001, EAG 2008 and EEAG
- 8.3.
- Other comments
- 9.
- COMMENTS OF SPAIN TO THE COMMENTS OF THIRD PARTIES
- 9.1.
- Comments in relation to comments regarding the existence of aid
- 9.2.
- Comments in relation to comments regarding the compatibility of aid
- 9.3.
- Comments in relation to comments regarding the existence of aid
- 9.4.
- Comments in relation to comments regarding the compatibility of aid
- 9.5.
- Comments on other third-party comments
- 10.
- ASSESSMENT OF THE MEASURE
- 10.1.
- Existence of aid
- 10.1.1.
- Imputability and State resources
- 10.1.2.
- Advantage and selectivity
- 10.1.3.
- Distortion of competition and effect on trade
- 10.1.4.
- Conclusion on existence of aid
- 10.2.
- New aid
- 10.3.
- Unlawfulness of the aid
- 10.4.
- Compatibility of aid
- 10.4.1.
- Breach of Union law
- 10.4.2.
- Non-application of Article 351 TFEU
- 10.4.3.
- Absence of legitimate expectations
- 10.4.4.
- Conclusion on the compatibility of the aid
- 11.
- PREVENTION OF IMPLEMENTATION OF THE AWARD AND RECOVERY
- 12.
- CONCLUSION
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
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